SURESH SANKAR CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner in this revision application challenges the judgment and order passed by the learned Sessions Judge, Ratnagiri, confirming his conviction under section 66(1)(b) of the Bombay Prohibition Act. The learned Sessions Judge while confirming the conviction, reduced the sentence from rigorous imprisonment for three months to simple imprisonment till rising of the Court and fine of Rs. 500/-, in default to suffer rigorous imprisonment for two weeks.

(2.) In the trial Court the petitioner was tried in a Summary Case No. 318 of 1979 for having committed offences punishable under section 66(1)(b) and 85(1) of the Bombay Prohibition Act and also for having committed offences punishable under section 110 read with section 117 of the Bombay Police Act.

(3.) The prosecution case in the trial Court was that the accused at the relevant time was driving a tanker belonging to the Zilla Parishad from bazar area to Gadi-Adda at Pawas in Ratnagiri town itself. As the road near Gadi-Adda was a narrow one and as from the opposite direction a cart driven by one Gangaram Mahadeo Alam was also coming, it was not possible for either of them to pass and, therefore, both of them stopped there. A police constable by name S.L.Sawant on duty who happened to be there at the relevant time asked the accused to take his tanker in reverse. The accused not only refused, but further, according to the prosecution, he is alleged to have threatened the cartman to death. The Police Constable, Sawant, then called two other constables and with their help asked the accused to take his tanker in reverse and thereafter he was taken charge of and they found that he was under the influence of alcohol. He was, therefore, taken to Ratnagiri Police Station where police constable, Sawant, lodged his complaint against the accused. The accused was thereafter produced before the Medical Officer, Ratnagiri for Medical examination and the Medical officer, Tapashalkar, examined the accused and found that he had consumed alcohol but was not under the influence of alcohol. The blood which was taken by the Medical Officer was forwarded to the C.A., Bombay, who tested the blood and sent his report to the Medical Officer, Ratnagiri, stating that the blood of the accused contained 0.069% w/v. of ethyl alcohol. This report is dated February 6, 1979 and according to the contents of the report, the blood phial was forwarded along with the letter of the Medical Officer dated January 17, 1979, and it was received in the Officer of the Forensic Laboratory in Bombay on 5th of February, 1979. On the basis of this C.A. report and on the basis of the oral evidence led by the prosecution of Gangaram Mahadeo Alam, Police Constable, Sawant, and Medical Certificate of Dr. Tapshalkar, the learned trial Magistrate came to the conclusion that the prosecution has failed to prove the offence under section 85 of the Bombay Prohibition Act as well as offence under section 110 read with section 117 of the Bombay Police Act. He, however, convicted the accused for having consumed prohibited alcohol and convicted him under section 66(1)(b) of the Bombay Prohibition Act and sentenced him to suffer rigorous imprisonment for three months and fine of Rs. 500/-, in default to suffer rigorous imprisonment for two weeks.